23/10/2023
Naija Live TV CEO, Saint Mienpamo Onitsha, sues Nigeria Police for unlawful detention, breach of fundamental rights, demands N300million Compensation
The Chief Executive Officer (C.E.O) and owner of NAIJA LIVE TV, Mienpamo Saint Onitsha, has filed a suit in the Federal High Court, Abuja, against the Nigerian Police Force for breach of his fundamental rights and unlawful detention.
In a suit filed on 20th October 2023, Mienpamo Saint Onitsha, through his legal Counsel "Terhemba Gbaashima & Associates" demanded a compensation of N300,000,000.00 (three hundred million naira) from the Nigerian Police Force for damages and breach of his fundamental human rights as enshrined in the Nigerian Constitution of 1999 as amended.
The suit equally seeks compensation for detaining Mienpamo Saint Onitsha beyond the period stipulated by law without any formal court process and violatimg his fundamental right to personal liberty, freedom of movement, and dignity of human person as guaranteed in the Constitution.
The suit reads;
"IN THE MATTER OF AN APPLICATION BY MIENPAMO ONITSHA SAINT FOR AN ORDER FOR THE ENFORCEMENT OF HIS FUNDAMENTAL RIGHTS
AND
"IN THE MATTER OF AN APPLICATION FOR AN ORDER FOR THE ENFORCEMENT OF FUNDAMENTAL HUMAN RIGHTS AND OTHER ANCILLARY ORDERS BROUGHT PURSUANT TO:
ORDER 2 RULE (1), ORDER 4 RULE (1) AND ORDER 11 OF THE FUNDAMENTAL HUMAN RIGHT (ENFORCEMENT PROCEDURE RULES) 2009
SECTIONS 6 (6), 35 (1), (4), (5) (a), (6), 36 (1) AND 41 OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999 (AS AMENDED)
ARTICLES 6 AND 7 (1) OF THE AFRICAN CHARTER ON HUMAN AND PEOPLES RIGHTS (RATIFICATION AND ENFORCEMENT ACT)
"BETWEEN:
MIENPAMO ONITSHA SAINT (APPLICANT)
AND
THE INSPECTOR GENERAL OF POLICE
FORCE CRIMINAL INVESTIGATION DEPARTMENT
NPF-NATIONAL CYBER CRIME CENTRE- RESPONDENTS
DCP UCHE IFEANYI HENRY (DIRECTOR NPF-NCCC)
MR. SIMIAT SULEIMAN (FORENSIC TEAM)
CSP. B.A ABDULLAHI
"ORIGINATING MOTION
BROUGHT PURSUANT TO:
ORDER 2 RULE (1), ORDER 4 RULE (1) AND ORDER 11 OF THE FUNDAMENTAL HUMAN RIGHT (ENFORCEMENT PROCEDURE RULES) 2009
SECTIONS 6 (6), 35 (1), (4), (5) (a), (6) , 36 (1) AND 41 OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999 (AS AMENDED)
ARTICLES 6 AND 7 (1) OF THE AFRICAN CHARTER ON HUMAN AND PEOPLES RIGHTS (RATIFICATION AND ENFORCEMENT ACT)."
Continuing, the suit make the following demands;
"a. A DECLARATION that the detention of the Applicant by NPF- National Cyber Crime Centre in the facilities of the Force Criminal Investigation Department (FCID) Area 10, Garki, Abuja by its personnel Mr. Simiat Sulieman & Team from the 11th day of October, 2023 till the day of filing this application is a violation of the Applicant’s right to dignity of his human person and right to personal liberty protected by Sections 34(1)(a) and 35(1) of the 1999 Constitution of Nigeria (as amended) and therefore unreasonable and unlawful.
"b. A DECLARATION that the Applicant’s fundamental human rights guaranteed under Sections 35(1), (4), (5), 36(1) and 41 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Articles 6 and 7 (1) of the African Charter on Peoples and Human Rights have been breached.
"c. AN ORDER FOR GENERAL DAMAGES in the sum of N300,000,000.00 (Three Hundred Million Naira) to be paid to the Applicant by the Respondents jointly and severally for breaching the Applicant’s fundamental rights contained in Sections 35(1), (4), (5) and 36(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Articles 6 and 7 (1) of the African Charter on Human and Peoples Rights.
"d. AN ORDER OF THE HONORABLE COURT compelling the Respondents to return the personal belongings of the Applicant which is in their position.
"e. AN ORDER OF PERPETUAL INJUNCTION, restraining the Respondents, either acting by themselves, or through their agents, officers, servants, privies or howsoever otherwise described, from further harassing, attempting to arrest or detain the Applicant unlawfully in connection with the facts of the instant application.
"f. Such other Orders as the Court will deem fit to make in the circumstance.
"THE GROUNDS UPON WHICH THE RELIEFS ARE SOUGHT:
"The Applicant seek the above-mentioned reliefs upon the following grounds:
" a. The Applicant was arrested on the 10th day of October, 2023 by personnel of the NPF-National Cyber Crime Centre, F.C.T Abuja led by Mr. Simiat Sulieman, on the allegation of Cyber stalking and Defamation of one Mr. Barry Ndiomu (rtd) at Imiringi road, Yenagoa, Bayelsa State and he has since written his statement on Wednesday 11th October, 2023 and taken to Nigeria Police Force Criminal Investigation Department (FCID) without Court Order till the day of filing this action.
"b. The Applicants is a married man with 5 children and a 300L Mass Communication student of Novena University Delta State and a Media publisher in Nigeria.
"c. By virtue of Section 35(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) every person in Nigeria is entitled to his personal liberty and no person is to be deprived of this liberty save in cases permitted by law.
"d. By virtue of Section 34(1)(a) of the 1999 Constitution of Nigeria, every person is entitled to the dignity of his human person and nobody should be subjected to torture, inhuman or degrading treatment which the Applicant has been subjected to.
"e. By section 35 (1) (c) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) for the purpose of bringing him before a court in ex*****on of the order of a court or upon reasonable suspicion of his having committed a criminal offence, or to such extent as may be reasonably necessary to prevent his committing a criminal offence.
"f. By section 35 (4) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) any person who is arrested or detained in accordance with subsection (1) (c) of this section shall be brought before a court of law within a reasonable time, and if he is not tried within a period of.
"g. By section 35 (5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) in subsection (4) of this section, the expression “a reasonable time” means-
a. In the case of arrest or detention in any place where there is a court of competent jurisdiction within a radius of forty kilometres, a period of one day; and
b. In any other case, a period of two days or such longer period as in the circumstances may be considered by the court to be reasonable.
"h. Section 36 (1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), provides for fair hearing within reasonable time in the determination of civil rights and obligations as well as in criminal prosecutions for all persons.
"i. By virtue of Section 41 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), every citizen of Nigeria is entitled to move freely throughout Nigeria.
"j. By unlawfully detaining the Applicant beyond a period of one day where there is a court of competent jurisdiction within a radius of forty kilometres by the Respondents on the 11th October, 2023 after he was arrested on the 10th October, 2023 without taking him to court before detaining him is a violation of the Applicant’s fundamental human rights, and the Respondents have jointly and severally breached the Applicant’s fundamental rights to personal liberty, freedom of movement, and dignity of the human person as guaranteed under Sections 34(1)(a), Section 35 and Section 41(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
" k. By breaching the Applicant’s fundamental rights under Sections 34 (1)(a), 35 & Section 41(1) of the 1999 CFRN (as amended), the Applicant is entitled to damages and compensation in accordance with the law.
"AND TAKE FURTHER NOTICE that at the hearing of this application, the said Applicant will rely on the affidavits in support and other accompanying processes.," the suit read.
The suit has the Inspector General of Police as 1st Respondent, The Nigeria Police Force Criminal Investigation Department F.C.T Abuja as 2nd Respondent and NPF-National Cyber Crime Centre as 3rd, 4TH , 5TH & 6TH RESPONDENTS.
